Noise and the Licensing Act 2003
Advice to Licensees

If you are thinking about applying for a new premises licence, or you already have a licence and applying for a variation to your existing licence this advice is for you! It will help you consider possible noise issues with your business and aims to strike a balance between the enjoyment of your customers and the rights of your neighbours for a peaceful home life.

What do I need to do?

Think noise! The Council receives a large number of complaints about noise from licensed premises. The main two problems commonly reported are:

• loud music, and;
• noise from customers, either whilst they are smoking outside or when they leave the premises.

When applying for a new premises licence or amending an existing licence you need to state how you will satisfy the four licensing objectives, which are:

• the prevention of crime and disorder
• public safety
• the prevention of public nuisance
• the protection of children from harm

Noise is an important consideration in the licensing objective 'the prevention of public nuisance'. Consider at the application stage whether noise from your premises could potentially be a problem to local residents, and if so, how you intend to control it. Dealing with noise issues before any complaints may arise can save you time and money as well helping you maintain a good business profile within the local community. Your proposed noise control measures should be included in your premises licence application (some examples are provided later on in this guidance). If your premises licence is approved, your noise control proposals may be included, as conditions, on your premises licence.

A copy of your application will be submitted to the Pollution Control Team at the Council and if they have concerns regarding how noise from your business will be controlled (i.e. they think there is a strong likelihood of neighbour complaints) they may make a representation against your application - so think noise!

The following advice is intended to help you consider noise as part of your application.

Where do I start?

First, check your planning approval to see whether there are any conditions relating to noise. It may be that opening times specified on the planning approval differ to the times that you applied for on your premises licence application. If so, the most restrictive times must be followed.

Other common planning conditions relate to:

• sound insulation between the business and attached or adjoining residential accommodation
• delivery times
• provision of lobby doors, and
• restrictions on outdoor entertainment.

Case Study

A bar owner's premises licence allowed them to sell alcohol, as well as conduct other licensable activities, between 10:00 hrs and 02:00 hrs. However the opening hours on their planning approval were restricted to 10:00 hrs to 00:00 hrs (midnight). As the planning approval hours were most restrictive, it was those hours that should have been followed. The Council advised the licensee that they should be closing at midnight; however, even after warnings were given they continued to open until 02:00 hrs so formal action was taken against them by the Council.

If in doubt contact |Town Planning to check the existing planning approval for your business, which you may be able to change.

What potential noise problems should I consider?

Residential areas

If your premises is located in a residential area, you may need tighter controls on noise, particularly if you open later than 23:00 hrs. At this time of night the background noise levels are likely to be a lot lower due to reduced traffic flows etc. and many people go to bed. It would be unreasonable for excessive noise from your business to cause local residents sleep disturbance.

Flats above your premises and/or residential properties attached to your premises

If there are residential properties above or adjoining your premises, you need to consider that noise, particularly low frequency bass beats and impact noises, will often travel through the structure of a building into the residential properties.

Ensure there is suitable sound insulation between the properties to cope with the level of noise your business will be producing. If the premises was not originally designed as a licensable premises (e.g. a shop), then it possibly only has sound insulation of a domestic standard which could result in a bar with music sounding to your neighbours like a noisy party next door every night!

Try speaking to a qualified person about the level of sound insulation and whether improvements can be made. A higher standard of sound insulation may be needed if your business plays music above background level and/or is open beyond 11:00 hrs. A qualified acoustic consultant can provide advice about sound insulation. Find out more about |choosing an acoustic consultant.

Case Study

A family style restaurant on the ground floor of a block of flats, was opening until 23:00 hrs playing only background music. Over time, the business developed into a bar with regular DJ nights and dancing until 02:00 hrs.

The increase in noise levels resulted in annoyance and sleep disturbance to the residents of the flats above. Customers were shouting and screaming, music bass beats could be clearly heard and the impact noise of people dancing on the tiled floor travelled up through the building structure to their properties well into the early hours of the morning.

The licensee was advised that the premises did not have suitable sound insulation to cope with the type of business and as a result the business eventually reverted back to being solely a restaurant as the cost of sound insulation was deemed to be too much. It is generally far more cost effective to make improvements to sound insulation as part of the business refit rather than retro fit at a later date.

How can I control noise?

Music noise

• Ensure windows and doors are kept closed whilst music is playing to reduce the break-out of noise from the premises - maybe all the time you are playing music or you may decide that it will be satisfactory to close windows and doors after a certain time. A designated person, e.g. a doorman, could be made responsible for ensuring that doors and windows are kept closed. Double-glazing also helps reduce the break-out of noise.
• A front entrance lobby door system reduces the noise that escapes when customers enter or exit the premises.
• Will you have wall-mounted speakers? If they are not isolated from the structure of the building they can result in sound being transferred to any attached residential properties
• If you have DJs, will they bring their own equipment or will they use yours?
• Noise limiters are devices that can be wired into your sound system and will distort or shut off the music once a pre-set sound level is exceeded. There is normally an alert system that lets the user know when they are getting close to the pre-set level. These can be useful to ensure agreed noise levels are not exceeded no matter who is using your sound system. |Find out more about noise limiters.
• Strong bass beats (present in modern day music) cause problems as they contain a lot of sound energy, travel a long distance and easily penetrate buildings. If this is likely to be a problem, try reducing the low frequency content of the music.
• The DJ or music system position could affect noise levels. Is the sound source located against a party wall or next to open doors or windows? Is there a better location?

Noise from smokers

• The introduction of the smoke-free legislation in 2006 has meant an increase in the numbers of people congregating outside licensed premises. The Council receives many complaints from residents about the annoyance caused from raised voices outside licensed premises. Noise outside can particularly be a problem if the premises is open late into the evening.
• Some licensees operate a policy where they don't allow customers to take drinks outside which encourages them to stay outside for as short a time as possible.
• You could also limit the number of people that are allowed outside at any one time.
• A responsible person, e.g. the manager or doormen, could be made accountable for ensuring customers don't make excessive noise whilst outside the premises.
• CCTV may be useful in identifying problems and can act as a deterrent.

Beer gardens

• You could try closing your garden to customers at a specified time to ensure there is not excessive late night noise. Chairs and tables may be put away to discourage people from using the area.
• Noise from people leaving the premises at the end of the night
• A responsible person e.g. doorman or manager, could be made accountable for encouraging people to leave the premises quietly at closing time.
• Move people away as quickly as possible. Have a list of taxi numbers available to reduce the number of people lingering outside your premises at closing time.
• You could try to stagger the times customers leave, e.g. lower the music level at the end of the evening, play slower music, turn the music down/off before you stop serving drinks, or ask large parties to leave in smaller groups.
• Try handing out lollipops to your customers as they leave. They will not be able to make as much noise with a lolly in their mouth!

Problem customers

If there are customers that cause serious noise problems, you may want to bar them from the premises and raise this at your |local Pubwatch group.

People often get rowdier after drinking. Judgement should be used to decide whether to continue serving a person further alcohol. Remember, it is against the law to serve someone who is drunk.

What happens if the conditions of my licence are not complied with?

Once you are up and running if noise problems arise from your premises the Council will, in most cases, try to resolve these informally with you. However, for serious problems or if an informal approach fails, formal action may be taken in accordance with |our Enforcement Policy.

Breaching the conditions of your licence is an offence under the Licensing Act 2003, for which the Council may prosecute. Alternatively, interested parties, which could include either the Pollution Control Team or local residents, can call for a review of your premises licence.

Hearings are held in front of the Licensing Committee, which may result in additional conditions being added to a licence, or your licence being suspended or even revoked in serious cases.

The Council can also take action under the Statutory Nuisance provisions of the Environmental Protection Act 1990. If noise amounting to a Statutory Nuisance is witnessed then an Abatement Notice will be served. Failure to comply with an Abatement Notice is a criminal offence.

Having developed a noise control plan for your business (which may form part of your premises licence), it's a good idea to make employees aware of the details so they can assist in ensuring compliance.

Temporary Event Notices (TENs)

If you are hosting a one-off or occasional special event, |you may need to submit a temporary event notice.

Where do I go for further advice?

It could be useful to discuss your application prior to submission with either:

• |a Licensing Officer
• |an Environmental Health Officer and/or
• |Town Planning